1.

1 Background to the Study

EXAMINATION OF HUMAN RIGHTS AND THE LAW AGAINST PROSTITUTION IN

NIGERIA

Human rights are those rights which are inherent to human being. Human rights are legally

guaranteed by human rights laws. Recognition of the inherent dignity and of the equal and

inalienable rights of all members of the human family is the foundation of freedom, justice and

peace in the world1. All human beings are born free and equal in dignity and rights. They are

endowed with reason and conscience and should act towards one another in a spirit of

brotherhood,2 respecting the rights of others. Human dignity is the basics of all fundamental

rights which its importance cannot be overemphasized in any society. Article 4 of the African

Charter on Human and Peoples’ Rights, 1981 states that human beings are inviolable” Every

human being shall be entitled to respect for his life and the integrity of his person. No one may

be arbitrarily deprived of this right’. Prominent UN Documents and human rights instruments,

particularly the Universal Declaration of Human Rights (UDHR) and the United Nations Charter

guarantee the right to human dignity, equality and non-discrimination. Remarkably, none of

these instruments impliedly or expressly place the right to dignity of prostitutes, at the mercy of

the state, society or media etc. With regards to the right to work, it is provided in a number of

international human rights instruments.3 Core international human rights instruments guarantee

all persons, and without discrimination, the right to dignity and the right to work, among others.

1
O. Olakanmi, “Hand Book on Human Rights”, Law Lords Publications 2007 at pp.17
2
Article 1 Universal Declaration of Human Right
3
Human Dignity and The Right To Work: Seeking Protection For Commercial Sex
Workers<https://journals.ezenwaohaetorc.org/index.php/AJLHR/article/viewFile/991/994> accessed 30 August
2024
Prostitution is widely described as the oldest profession; the practice of selling sex for cash or

other immediate compensation has existed across cultures and times from the ancient Greeks.

Although, it is not an acceptable practice in Africa but it is found in every culture. 4 Prostitution

also crosses class lines, from the poor ‘streetwalker’ with their stereotyped drug habits and

abusive pimps to the high class brothel and escort service worker with designers’ cloths and

stylish apartments.5

In most jurisdictions, commercial sex work (CSW) or prostitution is criminalized and

stigmatized, and female sex workers (FSWs) constitute a supposedly immoral and particularly

marginalized segment of the population. 6 Reliable research confirms that there is currently no

African country in which sex work is entirely decriminalized7

The practice of prostitution is at an alarming rate in Nigeria, it is seen as a deviant sub-culture in

Nigeria and it is practiced by prostitutes in private homes, in brothels, and in hotels as an

adaptation to poverty, unemployment and as a feasibility way for them to make money. The

prostitutes sell sexual favours and their bodies to their customers who pay them huge sum of

money in exchange. This dirty and highly immoral profession is associated with social problems

as marital instability, sexual harassment, divorce, overcrowding, environmental pollution,

alcoholism, fighting, drug addiction, violence crime and delinquency, unwanted pregnancy.

Unsafe abortion and transmission of sexually transmitted diseases like HIV/AIDS, gonorrhoea,

syphilis etc.

4
B. M. Banji, Examination of High Rate of Prostitution in Nigeria, Global Journal of Education, Humanities and
Management Sciences (GOJEHMS); Vol.4 No.2, August 2022, pg.94 – 101
5
E. E. Alobo, R. Ndifon, Addressing Prostitution Concerns In Nigeria: Issue, Problems And Prospects, European
Scientific Journal May 2014 edition vol.10, No.14 ISSN: 1857 – 7881 (Print) e - ISSN 1857- 7431
6
1EN Ngugi E Roth, T Mastin, MG Nderitu & S Yasmin, (2012). Female sex workers in Africa: epidemiology
overview, data gaps, ways forward. SAHARA-J: Journal of Social Aspects of HIV/AIDS, 9(3), 148-153
7
Ibid
The right to human dignity is an inherent part of human life and is prescribed to be enjoyed

without any manner of discrimination. Elementarily, the right to work is the concept that people

have a human right to work, or engage in productive employment, and may not be prevented

from doing so. The right to work is fundamental and recognized in several international legal

instruments including the International Labour Organization (ILO), which is essential for

achieving other human rights and forms an inseparable and inherent part of human dignity. The

right protected by the ILO Convention allows the individual and his/her family to earn a living.

The right to work is also the first of the specific rights recognized in the International Covenant

of Economic, Social and Cultural Rights (ICESCR). These rights are contained in Article 6, 7

and 8 of the ICESCR which guarantees the right to earn a living, the right to fair and favorable

conditions and the right to form trade unions for all human beings. In the context of these

instruments, work is to be freely chosen or accepted, in order to fosters personal development

and recognition within the society. This suffices that the right to engage in Commercial sex work

is the human right of any person.

1.2 Statement of the Problem

Nigeria have implemented and ratified most international, regional agreement and treaties for the

protection and enforcement of human rights. Prostitution is an ongoing discussion and a debated

subject in academic, advocacy, and policy circles locally and globally regarding human rights.

There is an ongoing discussion regarding prostitution and whether it should be legalized,

criminalized, or something in between. The discussion involves question of whether prostitution

should be considered a fair work and get equal working conditions and rights as other

occupations or be abolished. The primary issue in Nigeria regarding prostitution and human

rights is the conflict between the criminalization of prostitution and the protection of human
rights. While Nigerian laws criminalize certain aspects of prostitution, such as soliciting in

public places or operating brothels, there is no explicit law criminalizing the act of sex work

itself. This ambiguity has led to a complex interplay between legal regulations, social stigma,

and the protection of the rights of sex workers.

Flowing from the above, the following research questions churn out of this work are:

1. To evaluate how criminalization of prostitution impacts human rights of sex workers

2. To identify the challenges faced by sex workers in Nigeria due to legal regulations and

social stigma

3. To identify the laws and policies in addressing the needs and protecting the rights of sex

workers

1.3 Aim and Objectives of the Study

The overall aim and objective of this research is to evaluate how criminalization of prostitution

impacts human rights of sex workers, challenges faced by sex workers in Nigeria due to legal

regulations and social stigma and also to identify the laws and policies in addressing the needs

and protecting the rights of sex workers. Also, the researcher in carrying out this research is

desirous of achieving the following objectives:

1. To appraise whether the criminalization of prostitution contribute to the increased risk of

violence, exploitation and discrimination against sex workers in Nigeria.

2. To identify the experiences sex workers in Nigeria faced accessing social services

3. To identify how international human rights standards and conventions influence the legal

and policy framework surrounding prostitution in Nigeria

4. To propose potential solutions and strategies to effectively address counterfeit in Nigeria.

 5. Does the criminalization of prostitution contribute to the increased risk of
violence, exploitation, and discrimination against sex workers in Nigeria?
6. How does the enforcement of laws against prostitution vary across different
regions and communities in Nigeria?
7. What are the experiences of sex workers in Nigeria with regard to access to
healthcare, education, and social services?
8. How do international human rights standards and conventions influence the legal
and policy framework surrounding prostitution in Nigeria?
9. What are the perspectives of law enforcement agencies, healthcare providers, and
social service organizations on the challenges faced by sex workers in Nigeria?
10. Are there alternative approaches to regulating prostitution that could better protect
the human rights of sex workers while addressing public health and safety concerns?

These research questions can be further refined and expanded based on specific interests and
areas of inquiry within the broader topic.

1.4 Scope and Limitations of the Study

This study covers a wide variety of topics that will revolve around counterfeit in Nigeria.

However, due to the complexity of the topic, this study cannot be assumed to cover all aspects of

counterfeit, this study will be limited to the anti-counterfeit measures adopted by market

regulators in regulating counterfeit products in Nigeria and will focus majorly on the institutional

and legal framework in combating counterfeit, the concept and forms of counterfeit, roles of anti-

countefeit agencies and the judiciary in combating counterfeit in Nigeria, enforccememt of anti-

counterfeiting measures in the United State of America. Within this range shall the research

work be.

1.5 Significance of the Study

The study work stems from the assessment of the anti-counterfeiting measures in Nigeria. This

study will help to educate the general public on the legal framework available for combating
counterfeit. It will also look at the legal and institutional requirements to find out the missing

link that has prevented the curbing of counterfeit goods in Nigeria.

Counterfeit has long been identified as a major obstacle to Nigeria’s socio-economic

development. By understanding the legal framework and identifying the missing links, this

sstudy can provide valuable insights to address counterfeit effectively. The study’s findings can

inform policymakers and lawmakers about the weakness in existing systems, helping them

implement stronger measures to reduce health risk and economic loss in counterfeit products.

1.6 Research Methodology

The method of research adopted in this long essay is doctrinal. Therefore, the resources used
here are classified into, primary and secondary. The Primary sources includes, international
instruments and regulations such as World Intellectual Property Organization (WIPO), TRIPs
Agreement, case law and various national instruments on counterfeit such as Constitution of the
Federal Republic of Nigeria 1999 (as amended), Counterfeit and Fake Drugs and Unwholesome
Processed Food (Miscellaneous Provisions) Act, Trademark Act, Merchandise Marks Act,
Copyright Act , Counterfeit Currency (Special Provisions) Act, Patents and Designs Act, Nigeria
Custom Service Act.

While the secondary source include textbooks, journals, publications, internet, articles,
newspapers, documents and other studies.

1.7 Chapter Analysis

This research consists of five (5) chapters. Chapter one is basically introductory in nature and

includes foundational matters such as; the background to the study, statement of the problem,

aims and objectives of the study, scope and limitations of the study, significance of the study,

research methodology and the chapter analysis.

Chapter two embodies the conceptual theoretical frameworks and historical background, it

defines and contextualizes the concepts used herein and lays the historical background and forms

of counterfeits.

Chapter three gives an in-depth insight on the main subject matter of the research. It examines in

details the legal and institutional framework used by market regulators in combating counterfeit,

examination of both international and national instrument in combating counterfeit, the role of

anti-counterfeit agencies in combating counterfeits.

Chapter four will focus n the challenges confronting the fight against efficiency of anti-

counterfeiting measures in Nigeria, the impact of counterfeit in Nigeria and also the

enforcement of anti-counterfeting measures in the United State of America.

Chapter five is the last chapter and as such, it is conclusive in nature. It includes; summary of the

findings, recommendation, contribution to knowledge, suggestion areas for further studies and

the conclusion of this research.